For each service performed by a model, the agency must establish:
- A contract for the provision of services addressed to the user client, a copy of which is given to the model (Article L.7123-17 of the French Labor Code),
- An employment contract that must be given to the model at the latest within 2 working days following the provision of the service (Article R.7123-1 of the French Labor Code).
Each service generates an employment contract whose duration is precise and limited in time.
In case of use of the image of the model by the beneficiary of the service, are established:
1. A civil mandate of representation
According to annex 4 of the collective agreement IDCC 2397 and article 14 of the collective agreement IDCC 2397 which is a civil mandate of common interest subject to the provisions of articles 1984 to 2000 of the civil code.
By this compulsory document, the model mandates the agency to promote his or her career, to proceed with the transfer, exploitation or reproduction of the recording of his or her presentations, to draw up the corresponding documents, to ensure the follow-up, to collect the proceeds of the rights and to assume the fiscal and social obligations incumbent on the agency. It is signed by the agency and the model.
The present mandate of common interest is concluded for an initial duration of one year maximum as from the day of the signature of the two parts, renewable by tacit agreement.
It may be terminated by giving notice within two months prior to its expiration.
Article 16-3 of the collective agreement IDCC 2397 specified in 2020 the following terms:
“Prior to any negotiation of image rights, will be concluded in writing the civil mandate of representation provided by Article 14. The wording of the mandate may vary according to the wishes of the parties. A model recommended by the signatory parties is attached in Appendix 4. Any mandate other than the one recommended must, however, include all the clauses set out in Article 14 and Articles 16-3-1, 16-3-2 and 16-3-3.” (Endorsement n° 13 of February 26, 2019 extended by order of March 19, 2020).
A version of the civil representation mandate exists in English.
2. A contract for the transfer of image rights
It is established between the model agency and the user of the model’s image (or his or her representative).
Article 16-5 of the collective agreement IDCC 2397 states:
“The contract for the transfer of rights will mention the campaign concerned, the product, the supports and media, the duration and the territory of exploitation.”
In accordance with Article L.7123-6 of the Labor Code, this transfer concerns the proceeds of a sale or the exploitation of the recording of the presentation of the model. The initial service will therefore be identifiable, either by reference to the contract of provision, or by any other precise reference to an employment contract.
The mannequin will be informed in advance of the amount due to him or her and will sign at least one copy of the said contract.